I. Introduction
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Domestic violence penalties are generally unknown to those facing a domestic violence charge. Before we explore the various domestic violence penalties a defendant may face, we must first determine how the law defines “domestic violence.” Additionally, we have to look at the types of victims that determine a domestic violence offense.
Once we’ve defined “domestic violence” under the law and the types of victims that constitute domestic violence, we’ll look at the 5 domestic violence penalties someone who could face along with the domestic violence penalties involved with multiple offenders. Let’s begin…
II. Domestic Violence Definition
California law has a broad definition of who can be a victim of domestic violence and what constitutes domestic violence. California law defines domestic violence as causing physical injury to a class of persons. Physical injury can range from a shove that did not result in injuries to an act that caused a mark on the victim’s body. The class of persons that can be victims of domestic violence are:
A. Spouse or former spouse
B. Person that you currently live with and maintain a romantic relationship with or a person that previously had such status
C. Current or former fiancé
D. The mother or father of the offender’s child
What are the consequences?
III. Domestic Violence Penalties
If you are convicted for a first time offense of domestic violence and granted probation, then you can be subject to the following:
A. Probation for a term of thirty-six (36) months
B. A fifty-two (52) week program where you attend a two hour class per week
C. A Criminal protective order against you that prohibits violence, threats, stalking, sexual abuse, harassment, and if appropriate an order requiring you to move out of your home that you share with the victim or stay away orders
D. Must book in the county jail if you were not booked for the offense
E. $500.00 fee, plus penalties and assessments
IV. Domestic Violence Penalties: Multiple Offenders
What happens if there is more than one domestic violence offense?
If you are convicted for a second or third domestic violence offense, then there is mandatory jail time which basically means that you go to jail for a minimum amount of days if convicted. On a second domestic violence conviction, there is a minimum fifteen (15) day jail term, and a sixty (60) day minimum jail term for a third offense. The court may impose additional terms to try and prevent future offenses.
V. Conclusion
When facing a domestic violence charge, it’s important to know the potential penalties that one may be subjected to. Knowing the penalties involved allows a defendant to plan accordingly by hiring an experienced criminal defense attorney to handle their case. With the help of an experienced attorney, a defendant has a higher probability of getting the best possible outcome for their particular case.
If you or someone you know is facing a domestic violence charge, please give The Law Offices of Mark A. Gallagher a call. Schedule your FREE consultation today by calling 800-797-8406 or visit www.socaldefenselawyers.com for more information.
